CFIUS Review of Foreign Direct Investment

Overview

This practice, based in Shearman & Sterling's Washington, DC office, and comprised of attorneys and legislative experts, handles a wide variety of international trade matters. These include multilateral and bilateral trade agreements, antidumping and countervailing duty cases, customs enforcement matters, export controls, regulation of foreign investment and government relations. The firm has extensive experience in the negotiation and implementation of international trade agreements. Attorneys advise governments and private-sector interests in international dispute settlements under the World Trade Organization Agreement (WTO) and the North American Free Trade Agreement (NAFTA). They also assist clients in understanding and complying with trade laws, assessing the proceedings in various countries and regions, and drafting regulatory legislation. Legislative experts have experience in all aspects of government affairs, including intelligence gathering, strategic planning and lobbying to initiate, modify or prevent legislation or regulations.

Matters in which attorneys and legislative experts have been active include representation of:

• The world’s largest steel company in all trade matters before US federal agencies and courts. This includes over 35 matters, including US and foreign antidumping and countervailing duty proceedings, lobbying matters and federal court appeals
• The Organization of the Petroleum Exporting Countries in antitrust actions brought in the United States
• Various clients in Exon-Florio reviews of transnational mergers and acquisitions
• The Government of Kazakhstan in connection with trade issues, including the negotiation of an agreement regulating trade in uranium between the former Soviet Union and the United States
• Mexican agricultural interests against a series of legal, administrative and political efforts by Florida growers to restrict US imports of tomatoes and other fresh vegetables grown in Mexico
• Kuwaiti interests in preparation for consultative sessions on trade and investment issues with the US Government
• The Government of Mexico in the implementation of the North American Free Trade Agreement
• The Kazakh national uranium company on trade, arbitration and CFIUS matters
• Petroleos de Venezuela in several major litigations and arbitrations
• The Government of Venezuela in the largest antidumping case ever filed in the United States against imports of oil
• Numerous successful efforts to terminate antidumping orders in sunset proceedings before the International Trade Commission
• Dismissal of several major antidumping actions and reduction of duty liability reduced in standing antidumping orders
• German producers of newspaper printing presses and their US subsidiaries in litigation under the Antidumping Act of 1916
• A Macedonian steel company in securing an exemption from 2001-2003 steel import tariffs in connection with Macedonia’s accession to the WTO
• A global automotive joint venture in trade matters before the US Department of Commerce